18
n) the State is responsible for other violations of the right to humane treatment
under Articles 5.1 and 5.2 of the Convention due to the conditions in which
Mr. Caesar was detained;
o) in the present case the State failed to meet domestic and international
standards on conditions of detention: between January 1991 and November
1999, Mr. Caesar was subjected to the following conditions: an overcrowded
cell, poor sanitation, little light and ventilation, as well as inadequate medical
treatment, all of which violated his right have his physical, mental and moral
integrity respected and constitutes a cruel, inhuman or degrading punishment
or treatment;
p) Mr. Caesar has suffered from serious health problems, which have included
contracting tuberculosis and chronic hemorrhoids. Although he has been
examined by a doctor on several occasions, his medical treatment has been
inadequate or unresponsive and his medical condition has deteriorated with
the passage of time; and
q) the impact of these conditions has been exacerbated by his health problems
and by the prolonged periods of time for which Mr. Caesar has been
incarcerated.
Arguments of the representatives
51.
The representatives, with respect to Article 5 of the American Convention,
stated that:
any sentence of whipping or flogging is cruel, inhuman and degrading.
Moreover, the principle of humanity requires the prohibition of all corporal
punishment;
b) the term “torture” applies to the aggravated mistreatment of persons. Torture
might be expected to leave long-term effects, either by way of post-traumatic
stress, or serious injury, but it need not to do so. Torture is often associated
with actions that subject the alleged victim to sustained and unpredictable
cruelty over which there is no legal restraint. Furthermore, punishment duly
prescribed by law is capable of amounting to torture. Finally, cruel, inhuman
or degrading punishment inevitably causes problems that cannot be
remedied;
a)
Regarding Mr. Caesar's Corporal Punishment
the sentence of corporal punishment and the manner in which it was carried
out violate Articles 5.1 and 5.2 of the Convention;
d) the time limit established by the Corporal Punishment Act for carrying out the
flogging is absolute and cannot be extended because of the prisoner’s illhealth;
e) the execution of the judgment that ordered corporal punishment or treatment
is cruel, inhuman and degrading itself, even without the aggravating factors
that Mr. Caesar suffered. Moreover, the corporal punishment was carried out
23 months after his sentencing and was therefore in flagrant violation of the
State’s own law;
c)